Latest updates

New Competition Act expected in 2018
Moravčević Vojnović and Partners in cooperation with Schoenherr
  • Bosnia and Herzegovina
  • December 14 2017

The Competition Council of Bosnia and Herzegovina recently set out its objectives and priorities for 2018 in its 2018 Work Programme. One of the council's medium-term objectives is to make market regulation more efficient with the aim of strengthening competition protection. The council has also stressed its dedication to improving its expertise and administrative capacity.

CCI dismisses allegation of abuse of dominance against Sanofi
Vaish Associates Advocates
  • India
  • December 14 2017

The Competition Commission of India (CCI) recently dismissed claims against Sanofi India Limited for alleged abuse of its dominant position in the market of drugs and pharmaceutical products. The CCI found that Sanofi enjoyed no dominant position and therefore held that there was no prima facie case to investigate its alleged conduct.

FECC penalises individuals for commissioning absolute monopolistic practice in tortilla market
SAI Consultores SC
  • Mexico
  • December 14 2017

Corn tortillas are a fundamental source of nutrition for Mexican families, and artificial price increases have a significant effect on the consumer economy. Given the importance of the corn tortilla market, it has come under the scrutiny of several authorities – for example, the Federal Economic Competition Commission, which recently fined three individuals a total of Ps394,508 for the commission of an absolute monopolistic practice in the market for the production, distribution and marketing of corn tortillas.

Competition Authority publishes information paper on dawn raids
Schoenherr Attorneys at Law
  • Czech Republic
  • December 14 2017

The Czech Competition Authority (CCA) recently published an information paper on dawn raids during its annual competition law conference. The paper aims to provide guidance explaining the powers and privileges of CCA officials in the course of a dawn raid and a brief overview of the case law relating to dawn raids, focusing on judicial review of the legality of dawn raids carried out after the European Court of Human Rights' judgment in Delta Pekárny.

ECJ clarification means endive producers must turn over new leaf
Baker McKenzie Krzyzowski i Wspólnicy Spólka Komandytowa
  • European Union
  • December 14 2017

Under certain strict conditions, agricultural producers can coordinate their pricing and quantities without falling foul of the EU competition rules. However, the European Court of Justice recently confirmed that not all practices by agricultural producer organisations and their associations are automatically excluded from the application of those rules. This judgment is a timely reminder that the EU competition rules apply broadly to the agricultural sector and that any exclusions will be interpreted restrictively.

Six fruit juice manufacturers investigated for deceptive marketing practices
Vellani & Vellani
  • Pakistan
  • December 07 2017

The Competition Commission recently initiated an enquiry into six fruit juice manufacturers for misleading consumers and engaging in deceptive marketing practices under the Competition Act. The enquiry committee concluded that the respondents' marketing of their fruit juice brands to consumers using unjustified claims amounted to the distribution of false and misleading information to the general public, which could harm the business interests of other undertakings in the same industry.

HCA uses new investigative tool under merger control regime
Schoenherr Attorneys at Law
  • Hungary
  • November 30 2017

The Hungarian Competition Authority (HCA) was recently given significant new investigative powers under the framework of its merger control duties. Should parties decide not to submit a voluntary filing when meeting the voluntary notification threshold, the HCA can initiate an investigation on its own accord and undertake a fully fledged merger control proceeding. The HCA recently announced that it has commenced its first such ex officio merger control investigation.

Ringing twice – not always the postman
Preslmayr Attorneys at Law
  • Austria
  • November 30 2017

Following some busy years conducting dawn raids in various industries, the Federal Cartel Authority (FCA) recently published guidelines regarding such searches. Although the guidelines contain no big surprises, as they largely reflect the law and the FCA's earlier practice, there are some interesting points – particularly as some of the Austrian legal regime deviates from European law and practice.

CCI dismisses claims of anti-competitive conduct against Kahaani-2 producers
Vaish Associates Advocates
  • India
  • November 30 2017

The Competition Commission of India recently dismissed allegations of anti-competitive conduct against the producers and presenters of the film Kahaani-2, as well as two digital cinema service providers (DCSP). The plaintiff claimed that the defendants had entered into an anti-competitive agreement to control the release of Kahaani-2 and deny other DCSPs operating in the market access to the film.

Major overhaul of Restrictive Trade Practices Law proposed
Tadmor & Co Yuval Levy & Co
  • Israel
  • November 23 2017

The Antitrust Authority recently published a draft amendment to the Restrictive Trade Practices Law for public comment. The amendment proposes a broad reform of the law as regards restrictive arrangements, monopolies and mergers. According to the authority, the amendment aims to decrease the existing regulatory burden that applies to legitimate and efficient practices and strengthen anti-competitive enforcement.

CCI penalises Hyundai for resale price maintenance and tie in
Vaish Associates Advocates
  • India
  • November 23 2017

The Competition Commission of India (CCI) recently imposed a penalty of Rs870 million on Hyundai Motor India Limited on the grounds that the company's dealership agreement had maintained resale prices through discount control and penalty mechanisms. Further, the CCI held that Hyundai had tied the sale of its cars to the sale of specific lubricants and oils, restricting competition in the relevant market and constituting a tie-in arrangement under the Competition Act.

CCI approves merger of Bharti Airtel and Telenor
Vaish Associates Advocates
  • India
  • November 16 2017

The Competition Commission of India (CCI) recently approved the amalgamation of telecoms service operators Bharti Airtel and Telenor through a court-driven merger scheme. The CCI held that Airtel was unlikely to have the ability or incentive to restrict supply services in the relevant markets for retail mobile telephony and national and international long-distance services. As the merger was unlikely to raise competition concerns, it was approved under Section 31(1) of the Competition Act.

Competition Board grants exemption to Tyre Industrialist Association's waste management plan
ELIG, Attorneys-at-Law
  • Turkey
  • November 16 2017

The Competition Board recently published its reasoned decision on the Tyre Industrialist Association's application for an exemption for its Waste Management Strategies and Implementation Plan for Worn-out Tyres 2016 to 2020. The board decided that the association's proposal would not limit competition in a manner which would violate Law 4054 on the Protection of Competition and granted an individual five-year exemption.

Behavioural antitrust in a nutshell
  • International
  • November 09 2017

According to traditional antitrust theory, individuals (and firms) maximise utility according to stable preferences and rational expectations, while being well informed. This means that antitrust follows microeconomic bases that lead to the assumption that economic players are rational actors with willpower and self-interest. However, the emergence of behavioural economics shows that people do not necessarily behave in the ways that traditional economic principles would predict.

CCI initiates investigation into Ghaziabad Development Authority
Vaish Associates Advocates
  • India
  • November 09 2017

The Competition Commission of India recently initiated an investigation into the Ghaziabad Development Authority (GDA) for abuse of its dominant position in the market for the development and sale of low-cost residential flats under affordable housing schemes in lower economic areas in Ghaziabad. The CCI held that the GDA's conduct in increasing the price of flats was unfair on buyers and violated the Competition Act. It therefore instructed the director general to conduct an investigation into the GDA.

How much? AKKA/LAA clarifies excessive pricing rules
Baker McKenzie CVBA/SCRL
  • European Union
  • November 09 2017

The European Court of Justice recently clarified a number of thorny issues regarding excessive pricing, which had been otherwise unaddressed by previous case law. The ECJ offered answers to the questions of how many countries must be surveyed when seeking to demonstrate excess through cross-border comparisons, how relative purchasing power should be taken into account and whether a defendant can claim that average prices are fair even if specific customer rates are not.

NDRC hints at SEP pricing guidance to enhance Anti-monopoly Law compliance
AnJie Law Firm
  • China
  • November 09 2017

At the recent China Competition Policy Forum, a Price Supervision and Anti-monopoly Bureau official commented on the potential enactment by the National Development and Reform Commission (NDRC) of regulations on standard-essential patent licensing practices. The NDRC's proposal aims to ensure greater consistency with the Anti-monopoly Law and develop a consistent approach to the enforcement of IP rights-related anti-competitive conduct.

New competition control procedure for mergers introduced
González & Rioseco Abogados
  • Chile
  • November 09 2017

The latest reform of the Competition Statute introduces a preventive control procedure for merger operations that have effects in Chile. As of June 1 2017 the national economic prosecutor will undertake a control procedure for merger operations before they begin. The amendment aims to provide legal certainty and reduce the length of merger control procedures.

Competition Commission sends statements of objection for abuse of dominant position
Schoenherr Attorneys at Law
  • Bulgaria
  • November 02 2017

The Competition Commission recently sent statements of objection for abuse of dominant position by three electricity distribution and supply companies. According to the commission, allegations were made that the companies had traded information regarding customers switching from the regulated market to the liberal market in order to purposely stall the necessary paperwork.

Competition Authority receives greater decision-making powers
Advokatfirman Lindahl
  • Sweden
  • November 02 2017

After years of intense debate, a new government bill will give the Competition Authority greater decision-making powers in relation to notified mergers in Sweden. An official government report states that the authority's decision-making powers should lead to an increased incentive for fast, high-quality decision making and eliminate time losses that might arise as a result of the authority preparing a lawsuit instead of a decision.

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